1. Definitions:
EULA This End User Licence Agreement
EULA Terms The terms and conditions as set out in this EULA
Incorrect Source Data An inaccuracy or error in the Source Data and/or its presentation.
Incorrect Technical Data An inaccuracy or error in the Technical Data and/or its presentation.
Infringement Acting contrary to one or more conditions related to these EULA Terms.
Licence The non-exclusive right granted by the Licensor to use the Licensor’s specific Technical data.
Licensor HaynesPro B.V. Flankement 63811 SM LEUSDEN The Netherlands
Reseller Euro Car Parts Limited, T2 Birch Coppice Business Park, Danny Morson Way, Dordon Tamworth England B78 1SE
Source Data The technical information originating from automobile manufacturers and other certified suppliers, which the Licensor processes into Technical Data for purposes of its contractual counter-parties.
Technical data The Source Data edited by the Licensor using his own formats to be issued by Licence.
Reseller’s Terms The terms and conditions of sale as defined in the Reseller’s Terms.
You/Your The end user entering into this EULA.
2. Acceptance of EULA
2.1 This EULA is a legally binding agreement between You and the Licensor. You agree that the EULA is supplemental to and enforceable in the same way as the Reseller’s Terms. This EULA regulates the use of the Technical Data (possibly with associated software) originating from the Licensor. By clicking on the ‘I agree’ button You agree to be bound by these EULA Terms. If You do not click the “I agree” button, You do not accept these EULA Terms and You cannot and are not permitted to make use of the Technical Data.
3. Licensing and Infringement
3.1 The Reseller only sells the Licence on to You, (for You to use the Technical Data) under authority and with the strict permission of the Licensor. The Reseller does not own the Licence or any proprietary rights to it or the Technical Data and such Licence and/or Technical Data shall at all times belong to the Licensor and in accordance with Clause 4 of this EULA. This Licence (and any such permission and licence) to use the Technical Data can be withdrawn by the Licensor (and/or Reseller as the case may be) at any time if You are in breach of these EULA Terms.
3.2 The Licensor gives You a non-exclusive and non-transferable right to use the Technical Data specifically made available to You on the basis of and in Your strict compliance with these EULA Terms. The Licensor allows You to use the Technical Data strictly in accordance with these EULA Terms.
3.3 The leasing, lending, licensing, passing off, public dissemination (including providing support to any third parties by means of a helpdesk or any other means), or any other form of distribution and/or simplification of Technical Data - by any means by You and howsoever caused - is strictly prohibited.
3.4 Changing or allowing the changing of the Technical Data in whole or in part by You or any other third parties is strictly prohibited, as is developing products or services that are derived from the Technical Data. You will also not permit others to perform such prohibited actions.
3.5 In the case of any actual or potential Infringement or breach of these EULA Terms by You (or any third party):
3.5.1 You should cease the use of the Technical Data immediately and promptly inform the Licensor and the Reseller; and
3.5.2 You shall be wholly liable to the Licensor and the Reseller for any and all (direct or indirect and consequential) losses, costs and expenses incurred by the Licensor as a result of the Infringement, including any professional, extra judicial and judicial costs to be incurred by the Licensor.
3.6 You will indemnify and keep indemnified and hold harmless the Licensor and its suppliers subject to these EULA Terms.
3.7 You will indemnify and keep indemnified and hold harmless the Reseller subject to the Reseller’s Terms.
4. Intellectual property rights
4.1 The copyright and other intellectual, industrial and/or other proprietary rights to the Technical Data and to any copy that is made thereof are and remain the property of the Licensor and/or its suppliers.
5. Guarantee
5.1 The Licensor guarantees that the Technical Data can be consulted and/or printed without this being seriously hindered by errors and/or other shortcomings in the software, provided that use is made of the software application supplied by the Licensor. If the Technical Data cannot be consulted or cannot be consulted effectively or fully, the Licensor will do everything reasonably possible as quickly as possible to resolve this.
6. LICENSOR’S LIABILITY
6.1 Neither the Licensor nor its suppliers are liable to You and/or third parties for any loss, for direct, indirect or incidental loss, consequential loss or other loss (including, but not limited to loss arising from the inability to use the Technical Data or to gain access thereto, loss of information, business loss, loss of profit, business interruption, etc.) arising otherwise from the use of or inability to use the Technical Data.
6.2 Despite any loss that you incur for whatever reason, the Licensor’s liability arising from or related to these EULA Terms for Incorrect Source Data is excluded, unless intent or wilful recklessness exists on the part of the Licensor, to the extent permitted by law.
6.3 For the remaining liability of the Licensor (including for Incorrect Technical Data) is limited in all cases to the amount of one thousand pounds (£1,000.00).
7. RESELLER’S LIABILITY
For the avoidance of doubt, the Reseller shall not be held responsible for any form of liability contemplated under this EULA. The Reseller’s responsibility under the Reseller’s Terms shall remain.
8. GOVERNING LAW
This EULA is governed by and shall be construed in accordance with the laws of England and Wales.
9. JURISDICTION
All disputes arising out of or in connection with this EULA shall be submitted to the exclusive jurisdiction of the Courts of English and Wales.
10. GENERAL
As an introductory offer, the Haynes Pro starter pack is available complimentary to selected Omnipart users until the 30th April 2019 . After this period, access to the software will be subject to threshold purchases from Omnipart. By accepting this offer you confirm that you have read and understood our full trade terms and conditions of sale which apply at all times and can be found at: https://omnipart.eurocarparts.com/terms-and-conditions
Euro Car Parts reserve the right to withdraw this offer at any time.
Changing vehicle will clear all jobs and parts currently selected, are you sure you wish to continue?
Changing vehicle will clear all jobs and parts currently selected, are you sure you wish to continue?
Creating a new Work Order will clear all jobs and parts currently selected, are you sure you wish to continue?